The Islamabad High Court, presided over by Chief Justice Amir Farooq, hasreleased a detailed 13-page decision on the Toshakhana case. In thisdecision, the court addresses the miscellaneous application filed by thePakistan Tehreek-e-Insaf (PTI) seeking to withdraw their appeal against theElection Commission’s decision dated October 21, 2022. The court declaresthis withdrawal application as inadmissible.
As a result of the decision’s inadmissibility ruling, the application filedby former PTI chairman Imran Khan has been dismissed. The court highlightsthat the Election Commission’s decision was initially challenged in theIslamabad High Court, where the petitioner received interim relief andunderwent several hearings.
Importantly, the petitioner’s lawyer had already partially argued the mainapplication before the request to withdraw it was made.
The decision, citing Supreme Court rulings and precedents from variouscourts, emphasizes that a petition cannot be withdrawn if it appears thatthe rights of the parties involved might be affected.
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Additionally, the decision references a similar application in the LahoreHigh Court, noting a key difference: in Lahore, the challenge includes aletter from the Election Commission. The admissibility of theseapplications in the Lahore High Court is yet to be determined.